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HomeMy WebLinkAboutAgenda AGENDA Transportation Committee Regular Meeting 4:00 PM - Monday, May 16, 2016 Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way 1. AIRPORT CONTROL TOWER Seismic Upgrade and Remodel a) AB - 1648 2. ENGINEERING CONSULTANT AGREEMENT For Pavement Condition Survey a) AB - 1653 3. EMERGING ISSUES AB - 1648 City Council Regular Meeting - 09 May 2016 SUBJECT/TITLE: Consultant Agreement with KPG, Inc. for the Airport Control Tower Seismic Upgrade and First Floor Remodel Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jonathan Wilson, Airport Manager EXT.: 7477 FISCAL IMPACT: Expenditure Required: $ 277,625.55 Transfer Amendment: $ N/A Amount Budgeted: $ 900,000 Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ 277,625.55 SUMMARY OF ACTION: After a competitive process the City selected KPG, Inc. to complete design and engineering for the Airport Control Tower Seismic Upgrade and First Floor Remodel Project. During the initial project scoping process it became apparent that a preliminary design report should be completed first. The preliminary design report would help to inform the full scope of the seismic upgrade and remodel project. In August 2015 CAG-15-180 with KPG, Inc. for $38,766.44 was executed to complete the preliminary design report. The preliminary design report was completed and submitted to the City on November 20, 2015. The report indicated that the control tower building requires substantial seismic retrofitting as a matter of life safety. The report also outlined three possible options for first floor remodeling that would improve and expand the Airport administration offices to meet current and future employee and customer needs. This new agreement with KPG, Inc. will build upon the preliminary design report and will complete the control tower building seismic upgrade and first floor remodeling design effort. EXHIBITS: A. Issue Paper B. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a consultant agreement with KPG, Inc. for $277,625.55 to complete the design of the Airport Control Tower Seismic Upgrade and First Floor Remodel Project. AGENDA ITEM #1. a) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:April 27, 2016 TO:Randy Corman, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Public Works Administrator STAFF CONTACT:Jonathan Wilson, Airport Manager, ext. 7477 SUBJECT:Consultant Agreement with KPG, Inc. for the Airport Control Tower Seismic Upgrade and First Floor Remodel Project ISSUE: Should Council authorize the Mayor and the City Clerk to enter into a consultant agreement with KPG, Inc. for $277,625.55 for the Airport Control Tower Seismic Upgrade and First Floor Remodel Project? RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a consultant agreement with KPG, Inc. for $277,625.55 for the Airport Control Tower Seismic Upgrade and First Floor Remodel Project. BACKGROUND: After a competitive process the City selected KPG, Inc. to complete design and engineering for the Airport Control Tower Seismic Upgrade and First Floor Remodel Project. During the initial project scoping process it became apparent that a preliminary design report should be completed first. The preliminary design report would help to inform the full scope of the seismic upgrade and remodel project. In August 2015 CAG-15-180 with KPG, Inc. for $38,766.44 was executed to complete the preliminary design report. The preliminary design report was completed and submitted to the City on November 20, 2015. The report indicated that the control tower building requires AGENDA ITEM #1. a) Randy Corman, Council President Members of the Renton City Council Page 2 of 3 April 27, 2016 substantial seismic retrofitting as a matter of life safety. The report also outlined three possible options for first floor remodeling that would improve and expand the Airport administration offices to meet current and future employee and customer needs. NECESSITY OF SEISMIC UPGRADES: In evaluating the tower building with regard to the current codes, the tower would be considered an “essential facility” per the international building code, and according to the report, “…would fall into Risk Category IV, which is the most stringent Risk Category possible. Risk Category IV implies that a failure of a structure due to the structural damage will have a significant impact and high hazard to human life.” The seismic problems fall broadly into three categories: soils liquefaction, uplift resistance and steel moment frame structural system. According to the report, “…there is a high likelihood of liquefaction of the upper layers of the soils underlying the tower in a severe seismic event. This liquefaction will compromise the ability of the timber piles to resist earthquake lateral forces.” In addition there is insufficient uplift resistance to hold the building to the piles underneath it. From the report, “it appears the footing-to-pile connection is a gravity- only connection and the structure relies on self-weight to prevent overturning from applied lateral forces.” What this means is that in a severe seismic event the building may move off of the timber piles that are supporting it. The steel structural system is another area of concern. The structural beams of the tower are welded to the columns creating a moment frame system. As the report indicates, “…because of the column orientation, a condition known as weak column – strong beam is present. Under weak column – strong beam conditions the possibility for a pancake style collapse is possible if structural members become overstressed in a seismic event.” Under this scenario the 5-story tower building could completely collapse under its own weight as a seismic event was occurring. Since the building has up to four City staff and five air traffic controllers present at any given time during the day, every day of the week, the potential for seismic related injuries and/or deaths in the tower building is heightened. AGENDA ITEM #1. a) Randy Corman, Council President Members of the Renton City Council Page 3 of 3 April 27, 2016 NECESSITY OF FIRST FLOOR REMODELING: Tower building seismic upgrades are half of this project with the other half being a remodel of the first floor offices. Airport administrative staff is located on the first floor of the tower. The first floor of the tower has two offices, a foyer, a small open office space and two small bathrooms. The first floor is not ADA compliant and ADA non-compliance has created problems with ingress and egress for people in this population. Currently there are four City staff members with a new intern position being created in summer 2016. The Airport is an increase in staff in the future. In addition to regular staff, the Airport has on several occasions had consultant staff work from the administrative offices. Airport staff has been able to accommodate the current level of staff and the occasional consulting staff, but will struggle to house the future staff within the current office footprint. With this in mind KPG, Inc. will also look to design a small square footage addition to the Airport administrative offices. The preliminary design report looked at adding square footage along the south and southwest areas of the first floor. Added square footage will allow for more employee workstations, a better customer flow into the offices, ADA compliant ingress, egress and restrooms and additional file storage. CONCLUSION: The tower was built in 1961 and other than a second floor conference room addition, has not been significantly remodeled since. The tower is owned by the City of Renton and is not eligible for airport improvement program federal grant money. The Control Tower Seismic Upgrades and First Floor Remodel Project will ensure the control tower remains functional should a significant seismic event occur and allow for proper Airport administrative office space in the future. This second agreement with KPG, Inc. will build upon the preliminary design report and will complete the control tower building seismic upgrade and first floor remodeling design effort. This project will be paid out of the Airport Office Renovation 2016 adjusted budget (422.725082.016.594.46.63.000). cc:Heather Ulit, Transportation Administrative Secretary I Susan Campbell-Hehr, Airport Secretary II AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) 3/30/2016CLIENT:City of RentonPROJECT:Renton Municipal Airport - Admin. Office Renov./Tower RetrofitDJ Dean Charlie C. Gary B. Jen P. Christine Bill B.PROJECT #:15065 (KPG); CAG-15-180 (City of Renton)Sarah F.KPG PM:Charlie ConwayDOC:Fee Estimate (LOE)TASK TASK DESCRIPTIONPrincipal QA/QCProject ManagerProject ArchitectDesign TechnicianTechnician Technician Admin.TaskSubtaskDetail$151.48$121.93$121.31$103.71$62.84$75.44$75.44TASK 1PROJECT MANAGEMENT17%$13,197.9246630000121.1Preparation of Project Management Memorandum$881.82Initial preparation$0.00Revision, update and dissemination over life of contract$881.821421.2Management of Consulting Team$6,324.19Weekly project conferences$5,837.712424Monthly scope and budget review$486.48221.3Preparation of Project Schedule$639.21Initial preparation$0.00Revision, update and dissemination over life of contract$639.21141.4Preparation of Monthly Progress and Expenditure Reports$5,352.70Coordinating development of billing and progress information team-wide$3,007.6811612Preparation of consolidated progress and expenditure report$2,345.021162TASK 3PROGRAMMING AND PLANNING10%$7,232.32312221810023.1Architectural Programming$3,168.92Workshop w/ stakeholders to discuss & document programmatic design req'mts.$3,168.922488813.2Hazmat Assessment$693.89Physical inspection & assessment of haz. mat'ls. present in work areas.$693.892223.3Prepare Owner's Project Requirements Memorandum$3,369.51Memo summarizing pgm req'mts., other goals and specific design stds.$2,514.75148813.4Geotechnical Investigations$854.76$854.76242TASK 4SCHEMATIC DESIGN (10% DESIGN)23%$17,264.98020506038024.1Establish Preferred Seismic Design Approach$5,078.34$5,078.348161684.2Develop Schematic Architectural Sketches$8,864.35$8,864.35824322424.3Develop Preliminary List of Drawings and Specifications$575.70Develop a preliminary list of drawings and specifications.$575.702224.4Develop Preliminary Cost Estimate$1,602.67$1,602.6724644.510% Client Review$1,143.91Presentation of 10% deliverables and facilitation of Owner review and comment.$1,143.91244KPG TOTALSDevelop preliminary cost data based on revised schematic architectural drawings and structural recommendation for seismic retrofit.Georgeanne S.Structural alternatives analysis to identify the most cost-effective means of accomplishing seismic upgrades to the tower.Development of schematic architectural sketches based on concepts in the Pre-Design Report and the results of the Programming Workshop.LEVEL OF EFFORT (LOE)Geotechnical investigation, including on-site borings, as required to implement the design strategies identified during 10% design.Page 1 of 3AGENDA ITEM #1. a) 3/30/2016TASK TASK DESCRIPTIONPrincipal QA/QCProject ManagerProject ArchitectDesign TechnicianTechnician Technician Admin.TaskSubtaskDetail$151.48$121.93$121.31$103.71$62.84$75.44$75.44KPG TOTALSLEVEL OF EFFORT (LOE)TASK 5DESIGN DEVELOPMENT (60% DESIGN)25%$18,819.10218670128025.1Develop 60% Plan Drawings$9,243.70$9,243.7024278025.2Develop 60% Specifications$8,963.25$7,370.67832405.3Develop 60% Cost Estimate$2,204.73$1,592.584665.460% Client Review$612.15Presentation of 60% deliverables and facilitation of Owner review and comment.$612.15222TASK 6CONSTRUCTION & BIDDING DOCUMENTS (90% - 100%)19%$14,161.8022248084016.1Develop 90% Plan Drawings$3,344.64$3,344.642482416.2Develop 90% Specifications$2,948.77$2,948.77412166.3Develop 90% Cost Estimate$2,212.21$2,212.2148126.4Permit Assistance$1,978.33Preparation and submittal of building permit application.$1,978.3344166.590% Client Review$612.15Presentation of 90% deliverables and facilitation of Owner review and comment.$612.152226.6Prepare Bid Documents$1,717.00$1,717.002886.7Prepare Bid Cost Estimate$1,348.71$1,348.71266TASK 7BIDDING ASSISTANCE6%$4,812.881621022007.1Upload Documents to Bidders Exchange$246.98Upload PDF electronic copies of the Bid Documents to Builder’s Exchange.$246.98127.2Assistance with Pre-Bid Meeting$1,106.10Presentation of project and addressing bidder questions at the Pre-Bid Meeting.$1,106.102467.3Response to Bidder Questions$1,717.00Respond in writing to bidder questions.$1,717.002887.4Assist in Review of Bids$1,742.80Assist the City with review of bidder qualifications and responsiveness of bid.$1,742.801286Prepare 90%-level project Division 1 and technical specifications. Technical specifications will be complete in all respects.Prepare 90%-level Engineer’s Estimate of Probable Construction Costs based on the 90% design documents.Prepare completed bidding documents (drawings and specifications, including Division 1 and Technical Sections) incorporating the Owner’s 90% review comments and the comments from the Building Department.Prepare bid-level Engineer’s Estimate of Probable Construction Costs based on the Bid Documents.Prepare 60% Division 1 & technical specifications. Include min. one basis-of-design product per Section, as well as performance spec language & provisions for vendor qualifications, QA/QC, installation & commissioning and special warranties.Prepare 60%-level Engineer’s Estimate of Probable Construction Costs based on the 60% design documents.Prepare 90%-level construction drawings, including plans, elevations, sections, wall sections, details, reflected ceiling plans, interior elevations and associated structural, mechanical, electrical and plumbing drawings.Prepare 60%-level construction drawings, including plans, elevations, sections, wall sections, details, reflected ceiling plans, interior elevations and associated structural, mechanical, electrical and plumbing drawings.Page 2 of 3AGENDA ITEM #1. a) 3/30/2016TASK TASK DESCRIPTIONPrincipal QA/QCProject ManagerProject ArchitectDesign TechnicianTechnician Technician Admin.TaskSubtaskDetail$151.48$121.93$121.31$103.71$62.84$75.44$75.44KPG TOTALSLEVEL OF EFFORT (LOE)LABOR SUBTOTAL (All Inclusive Rates)100%$75,489.001214423878282019EXPENSES: Mileage600$324.00$0.54 Plots and Reproductions - Paper (22" x 34")0$0.00$2.00 Plots and Reproductions - Polypropylene0$0.00$14.00 Utility location services, geotech borings, lab analysis, roof patch$6,429.000%EXPENSES TOTAL$6,753.00SUBCONSULTANT FEES:CivilTech$95,983.550%Elcon$45,535.000%LNS$35,840.000%PRODIMS$13,650.000%EHSI$4,375.000%Sub 6$0.000%Sub 7$0.000%Sub 8$0.000%Sub 9$0.000%Sub 10$0.000%SUBCONSULTANT FEES TOTAL$195,383.55TOTAL PROJECT FEE$277,625.55Rate per mile: Markup Rate: Cost per print: Markup Rate: Markup Rate: Cost per print: Markup Rate: Markup Rate: Markup Rate: Markup Rate: Markup Rate: Markup Rate: Markup Rate: Markup Rate: Page 3 of 3AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AGENDA ITEM #1. a) AB - 1653 City Council Regular Meeting - 02 May 2016 SUBJECT/TITLE: Professional Services Agreement with Northwest Management Systems for Pavement Condition Survey Services RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Patrick Zellner, Street Maintenance Services Supervisor EXT.: 7400 FISCAL IMPACT: Expenditure Required: $ 72,750 Transfer Amendment: $ N/A Amount Budgeted: $ 72,750 Revenue Generated: $ N/A Total Project Budget: $ 189,050 City Share Total Project: $ N/A SUMMARY OF ACTION: In September 2013 the City entered into an Engineering Consultant Agreement with Northwest Management Systems (NWMS) to perform a pavement condition survey of the City’s pavement network. The information collected was entered into a database and evaluated using MTC pavement management system software. NWMS then performed pavement condition index (PCI) calculations. A final report was prepared summarizing the results and budget needs developed for scenarios identified by the City. In order to efficiently and effectively address and prioritize the pavement repair and maintenance needs of the City, as well as to maintain consistency in the pavement ratings themselves, an ongoing relationship with NWMS is preferred. Having received assurance from NWMS that the pricing has not changed from that of our previous consultant in 2008, a 4-year pavement condition survey agreement is recommended as follows: Year Task Cost 2016 A walking survey of the entire City of Renton pavement network $72,750 2017 A walking survey of every Arterial and Collector segment $21,775 2018 A walking survey of the entire City of Renton pavement network $72,750 2019 A walking survey of every Arterial and Collector segment $21,775 Total: $189,050 The funding for this project is within the 2016 adopted budget and will come from the Maintenance Services Professional Services Account 003.000000.019.542.92.41.000. AGENDA ITEM #2. a) EXHIBITS: A. Professional Services Agreement B. 2014 Pavement Assessment STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a 4-year Engineering Consultant Agreement for pavement condition survey services with Northwest Management Services for a total cost of $189,050. AGENDA ITEM #2. a) Page 1 of 14 CONTRACT AGREEMENT FOR PAVEMENT CONDITION SURVEY SERVICES THIS AGREEMENT, dated April 15, 2016, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Paul E. Sachs, a sole proprietor, d/b/a Northwest Management Systems (“Consultant”). The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the date executed by both Parties. 1. Scope of Services: Consultant agrees to provide a professional Pavement Condition Survey on the entire City of Renton pavement network in Renton, Washington, as specified in Exhibit “A”, which is attached and incorporated herein. The Scope of Services may hereinafter be referred to as the “Services.” 2. Changes in Scope of Services: The City, without invalidating this Agreement, may order changes to the Scope of Services consisting of additions, deletions or modifications, the Compensation being adjusted accordingly consistent with the rates set forth in Exhibit “B” or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit “A”. All Services shall be performed by no later than December 31, 2019. 4. Compensation: A. Amount. Total compensation to Consultant for Services provided pursuant to this Agreement shall not exceed $189,050, plus any applicable state and local sales taxes. Compensation shall be paid based upon Services actually performed according to the rate(s) or amounts specified in Exhibit “B”. The Consultant agrees that any hourly or flat rate charged by it for its Services shall remain locked at the negotiated rate(s) unless otherwise provided in Exhibit “B”. Except as specifically provided in this Agreement, the Consultant shall be solely responsible for the payment of any taxes imposed by any jurisdiction or authority as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis, the Consultant shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The AGENDA ITEM #2. a) Page 2 of 14 Consultant shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the Agreement requirements. C. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving thirty (30) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Services. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. C. The Consultant reserves the right to terminate this Agreement with not less than sixty (60) calendar days’ written notice, or in the event outstanding invoices are not paid within thirty (30) calendar days. D. If the Consultant is unavailable to perform the Services, the City may, at its option, cancel this Agreement immediately. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Services identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Consultant further represents and warrants that all final work product that is created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant for which Consultant holds the title and intellectual property AGENDA ITEM #2. a) Page 3 of 14 rights. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all such final work product. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it shall, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Services shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Services. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to publicized classes or activities. Consultant shall retain the right to designate the means of performing the Services covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance AGENDA ITEM #2. a) Page 4 of 14 Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, its agents, attorneys, elected officials, employees, insurers, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Consultant in performance of this Agreement, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Services. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Services and maintain the business license in good standing throughout the term of this agreement with the City. More information AGENDA ITEM #2. a) Page 5 of 14 regarding requirement to register with the State of Washington Department of Revenue can be found on the web at: http://dor.wa.gov/content/doingbusiness/registermybusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Services delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Services provided by a licensed professional or those Services that require a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Services. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. AGENDA ITEM #2. a) Page 6 of 14 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. City of Renton: Patrick Zellner, Street Maintenance Services Supervisor 3555 NE 2nd Street Renton, WA 98055-4192 Phone: (425) 430-7400 PZellner@rentonwa.gov Fax: (425) 430-7376 Consultant: Paul E. Sachs d/b/a Northwest Management Systems 3302 North 7th Street Tacoma, WA 98406 Phone: (253) 219-8904 pesachs@aol.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Services or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. AGENDA ITEM #2. a) Page 7 of 14 D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 18. Independent Consultant: Consultant’s employees, while engaged in the performance of any of Consultant’s Services under this Agreement, shall be considered employees of the Consultant and not employees, agents, representatives of the City and as a result, shall not be entitled to any coverage or benefits from the City. The Consultant’s relation to the City shall be at all times as an independent consultant. Any and all Workman’s Compensation Act claims on behalf of Consultant employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Consultant’s employees, while engaged in Services provided to be rendered under this Agreement, shall be solely the Consultant’s obligation and responsibility. 19. Record Keeping and Reporting: Consultant shall maintain accounts and records which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement. Consultant agrees to provide access to any records required by the City. 20. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses. C. Consultant shall furnish all tools and / or materials necessary to perform his / her Services. D. Except as otherwise provided in the Services, Consultant shall not be required to provide tools and / or materials for the participants / students in classes provided as Services. E. In the event special training, licensing, or certification is required for Consultant to provide Services he / she will acquire or maintain such at his / her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Services, said employee / sub-contractor / assignee will acquire and or maintain such training, licensing, or certification. F. This is a non-exclusive agreement and Consultant is free to provide his / her Services to other entities, so long as there is no interruption or interference with the provision of Services called for in this Agreement. G. Consultant is responsible for his / her own insurance, including, but not limited to health insurance. H. Consultant is responsible for his / her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. AGENDA ITEM #2. a) Page 8 of 14 21. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s contract manager is Patrick Zellner, Street Maintenance Services Supervisor. In providing Services, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Services in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. AGENDA ITEM #2. a) Page 9 of 14 J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Assigns and Successors. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Denis Law Mayor Paul E. Sachs A sole proprietor d/b/a Northwest Management Systems _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk AGENDA ITEM #2. a) Page 10 of 14 Approved as to Legal Form _______________________________ Lawrence J. Warren Renton City Attorney AGENDA ITEM #2. a) Page 11 of 14 EXHIBIT “A” The Contractor shall do or provide the following: Task A. Kickoff Meeting Northwest Management Systems (NWMS) will first meet with the City to kick off the project. At this kickoff meeting, NWMS will review the technical approach with City staff, and cover any administrative items that may be necessary. Items to be discussed include:  Scope of work  Project schedule  Budgets  Points of contacts  Existing maps  Format for the reporting of the data Task B. Condition Surveys & PCI Calculations NWMS will perform a pavement condition survey on the entire City of Renton’ pavement network in 2016 and 2018 to include State Routes and Alleys. In 2017 and 2019, NWMS will perform a condition survey on all of the City of Renton’s Arterials and Collectors (See the attached map). Like many Puget Sound Communities, Renton has a pavement network that is subjected to high volumes and heavy loads from the surrounding area. The distresses present are reflective of the traffic levels, as well as the environment and climate. Common distresses include alligator cracking, rutting, distortions, patches and utility cuts as well as weathering and raveling. The distress types to be collected will include: • Alligator Cracking • Longitudinal Cracking • Transverse Cracking • Weather and Raveling • Rutting • Utility Cuts and Patches Other distress types can be identified and added to be collected at the kickoff meeting as outlined in Task A. A walking survey on each of the segments’ in the City of Renton will be performed in 2016 and 2018. In 2017 and 2019 a walking survey will be performed on every Arterial and Collector segment. 100 % of the street will be rated. Any areas that are not typical of the entire section will be inspected and recorded as a special sample unit. AGENDA ITEM #2. a) Page 12 of 14 Typically, a one-person crew will perform the condition surveys. On four or five lane streets a two person team may be used. The distress data will be recorded in the field using a PDA. NWMS will be responsible for providing all equipment necessary for performance of this task. All information collected from the condition surveys will then be entered into the MTC pavement management database. This task shall be performed at NWMS’ office in order to provide quality control of all data entered into the system. NWMS recommends this procedure over data entry in the field to avoid errors and to provide backup forms of all information recorded in the field. NWMS will then perform the pavement condition index (PCI) calculations using the MTC pavement management system software, and correct any errors found. The PCI may then be used in the pavement performance models and in the budgetary analyses. Task C. Budgetary Analysis & Final Report In this task, we will perform all budgetary analyses including Budget Needs and Budget Scenarios, and prepare a final report for the City of Renton. All assumptions used for this analysis will be reviewed by City Staff prior to starting the analysis. The City of Renton will confirm the cost information to be used in the analysis. Budget Needs NWMS will perform a Budget Needs Analysis to identify Maintenance & Rehabilitation (M&R) recommendations for each street section and a cost estimate for the recommended work. More than one deterioration curve will be used (i.e. low volume residential streets v. higher volume arterial streets with truck traffic. The Needs Analysis will identify road sections that need treatment and will apply M&R decision trees to each section. Recommendations will identify the timing of treatments such as crack sealing and surface seals and when a grind and overlay may be required with or without the application of the surface sealing and crack sealing. These recommendations will form the basis for the Budget Scenarios or “What if” module that optimizes the pavements for repair once future budget assumptions are identified. Project Priorities NWMS will identify a prioritized list of projects for the City, based on input from City staff identifying constrained budgets in future years. NWMS shall also provide recommendations for an unconstrained pavement maintenance and rehabilitation program. The reports from this module will form the basis for a capital improvement plan (CIP) and a maintenance work plan. AGENDA ITEM #2. a) Page 13 of 14 Upon completion of this task, NWMS will provide a final report to the City of Renton summarizing all results. This final report will include the following:  Inventory reports for each pavement section  Pavement Condition report for each section in the City’s network.  Maintenance & Repair Recommendations for each section  Budget Needs  Annual expenditures recommended by calendar year  A prioritized list of those street segments that will benefit most from pavement maintenance (i.e. cracking sealing & slurry seals) After review and comment by the City, NWMS will provide one copy of the final PMS reports to the City of Renton reflecting all edits requested by the City. Task D. Executive Summary and Presentations In addition, NWMS will prepare an Executive Summary as well as prepare a presentation for City Council or whomever the City desires. The Executive Summary will focus on the budgetary analyses performed. It will be a short 15- page summary. The presentation to Council or other funding authorities is similarly short. Typically, since the audience is non-technical, graphs are used to illustrate the results, and more importantly, the consequences of any decisions made on funding. Depending on the City’s needs, NWMS may be asked to prepare 15 minute formal presentations for Council, and more detailed 1-hour long presentations to City technical staff. AGENDA ITEM #2. a) EXHIBIT“B”COMPENSATIONTotalCompensation:InreturnfortheServices,RentonshallpaytheContractoranamountnottoexceedonehundredeightyninethousandfiftyDollars($189,050)Thefixedpricesumbyeachofthefouryearsisasfollows:2016-$72,7502017-$21,7752018-$72,7502019$21,775CityofRentonConditionSurveyPMAnalystTECHQC/QANWMSVehiclePROJTOTALIRate$12590$65$125$50ConditionSurveyHoursTotal32$4,000COSTANDTIMEESTIMATE—2016&201884$7,560696$45.24080SuDlies&ReDroduction,mileaoe$10.00090$4,500$1,450CityofRenton$72750COSTANDTIMEESTIMATE—2017&2019RateHoursTotalPM$1258$1,000Analyst9016$1,440TECH$65224$14,560QC/QA$12522$2,750NWMSVehicle$5030$1,500Supplies&Reproduction,mileage$525PROJECTTOTALI$21,775Page14of14AGENDA ITEM #2. a) SE 188th St SE 196th St 160thAveSE123rdAve SES 7th St Rainier Ave S S 202nd St NE 12th St SE8 th D rSE 184th St 100th Ave SE164thAveSEShore Ln54thAveSS 118th St S Myrtle St 72ndAveSS 194th St N E 7 th StS Orchard St S 202nd St NE 6th St NE 10th St S Rose St S Fontanelle St S Leo 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155thAveSELakeAveS102ndPlSE84thAveS1 7 5th AveSE TalbotCrestDrS171stAveSE 110thAveSE68thAveS59thAveSGrandeyWayNE173rdA v e S E Seahawks Way169t h AveS E I-5 FwyI- 5 FwyJonesAveNES 32nd Pl 151st AveSEI-40 5 FW Y I-405 FWYI-405 FWY I-405 FWY48thAveSOak DrS 12 6 t h S t 110th Pl SE81 s t P l S LakeBoren LakeDesire LakeYoungs ShadyLake GreenRiver PantherLake LakeWashington CedarRiver BlackRiverForbay BlackRiver ´ 0 0.5 10.25 Miles City of RentonCity of Renton2014 Pavement Assessment2014 Pavement Assessment This document is a graphic representation, not guaranteedto survey accuracy, and is based on the best informationavailable as of the date shown. This map is intended forCity display purposes only. Pavement Pavement Condition IndexCondition Index 1 - 30 31 - 50 51 - 70 71 - 80 81 - 100 Renton Data Sources: City of Renton, King County This map developed and produced by:Information Technology - GISmapsupport@rentonwa.govPrinted on: 04/18/2016 AGENDA ITEM #2. a)